Public safety organizations wrote to Rep. Fossella (R- N.Y.) on Tues., taking issue with concerns he and 22 other House members raised about the “consensus plan” for addressing interference at 800 MHz (CD Feb 27 p1). The bipartisan group of lawmakers urged FCC Chmn. Powell not to give Nextel spectrum outside the 800 MHz band without conducting an auction under Sec. 309(j) of the Communications Act. After that letter, a staff proposal began circulating on the 8th floor that would have Nextel pay for incumbent retuning at 800 MHz and the difference between that and the value of 10 MHz at 1.9 GHz. The Assn. of Public Safety Communications Officials, National Sheriffs’ Assn., International Assn. of Chiefs of Police, and International Assn. of Fire Chiefs told Fossella they disagreed with some of the “basic elements” of the lawmakers’ letter. For the past 2 years, “the commercial wireless industry, led by Verizon and Cingular, have approached the resolution of the interference experienced by the public safety community as a competitive matter without regard to the need to cure the interference being experienced by public safety,” the groups said: “Until now, they have continuously and vigorously opposed any form of rebanding -- which would not impact their operations -- in favor of after-the-fact remediation, akin to the arcade game of shooting the weasel as it moves from hole to hole.” The “consensus plan” is backed by these public safety groups, Nextel, PCIA and others. In the letter to Fossella, APCO and the 3 other groups said that 2 years ago they explored the possibility of an 800 MHz “in-band” realignment scheme. They said that among the reasons this plan wasn’t pursued was that a “green field” is needed to accommodate operations while relocation is happening. Meanwhile, Nextel told the FCC in an ex parte filing this week that it would make $4 billion in contributions, including realignment costs for public safety and private wireless carriers, under the consensus plan. Nextel recently argued at the FCC that it would make all-inclusive contributions under the consensus plan of $5.4 billion, while the spectrum it would receive at 1.9 GHz is worth $3.5 billion (CD March 8 p8). Verizon Wireless has argued at the FCC that this spectrum should be valued at $5.3 billion. In its latest filing, Nextel told the FCC that its internal rebanding costs under the consensus plan would be $400 million. It estimated the 4 MHz it would contribute under the plan at 900 MHz at $800 million, while it said another 4 MHz at 700 MHz is worth $346 million.

Granting cable operators the option of encrypting the digital basic tier is “a fair, pro-competitive middle ground” between CE interests that want no such encryption and the motion picture industry that advocates requiring it, the NCTA told the FCC in reply comments on the broadcast flag.

Granting cable operators the option of encrypting the digital basic tier is “a fair, pro-competitive middle ground” between CE interests that want no such encryption and the motion picture industry that advocates requiring it, the NCTA told the FCC in reply comments on the broadcast flag.

Sen. Appropriations Chmn. Stevens (R-Alaska) appears supportive of the FCC’s current model for competitive entry into the telecom marketplace, as he and a few other influential senators are urging the Justice Dept. to appeal the U.S. Appeals Court, D.C., ruling that vacated parts of the FCC’s Triennial Review Order. Meanwhile, nearly 130 House members are writing directly to the President urging the Administration not to appeal the decision (CD March 16 p9). And sources said other letters may be coming in an effort by members and industry to influence the decision of Solicitor Gen. Theodore Olson, who has about 2 months to request a stay of the order and 3 months to decide whether to appeal.

Several telecom carriers urged the FCC to reduce the current discount matrix available to schools and libraries participating in the E-rate subsidy program. In comments to the Commission, they said the current discounts of 20-90% for services should be adjusted. They said participating schools and libraries would still get enough support, and the program would become more economical and effective.

The State Department has issued a press release announcing that the U.S. has signed an Open Skies civil aviation agreement with Madagascar. According to the press release, this agreement provides for open routes, capacity, frequencies, designations, and pricing, as well as opportunities for cooperative marketing agreements, including code-sharing. The press release also states that the agreement includes all-cargo seventh freedom rights, allowing airlines to perform international cargo operations with no connection to their homeland. (State Department press release, dated 03/10/04, available at http://www.state.gov/r/pa/prs/ps/2004/30328.htm.)

The “contentious issues” raised by the Satellite Home Viewer Improvement Act (SHVIA) are more important than consideration of EchoStar’s distant digital white area proposal, Capitol Bcstg. Co. (CBC) told the FCC in a letter. Congress is considering an extension of the act, which expires this year (CD March 11 p6). CBC said it supports 5- year extension of the act. While the company doesn’t support amendments, it said Congress may wish to address: (1) Unnecessary delivery of distant signals to markets where DBS local signals are available. (2) EchoStar’s “discriminatory” 2-dish plan which creates “2 classes of stations within the same market,” CBC said. (3) “Requir[ing] DBS providers to cooperate technically with 3rd parties for the delivery of local markets not offered by the DBS provider… DBS should not be allowed to act as a ‘roadblock’ to local analog and digital signals.” CBC said the distant digital white area proposal shouldn’t be adopted. EchoStar and DirecTV already provide the N.Y.C. and L.A. digital signals as distant signals to subscribers and it’s “creating numerous problems,” CBC said. Besides confusing subscribers, the waivers undermine localism now and will continue to do so, the company said, citing EchoStar’s David Moskowitz as telling a House subcommittee that subscribers should be allowed to keep the distant digital signals even if their local digital signal is available. CBC said allowing digital white areas will allow history to repeat itself, including tempting DBS operators to “sign-up illegal distant digital subscribers just like they did before they began carrying local analog signals.” CBC said the distant digital signal is an excuse for DBS operators not to carry local digital signals.

The rise of downloading and streaming of digital music could require a rewrite of the Copyright Act, House members and witnesses said at a House Judiciary Courts, Internet & Intellectual Property Subcommittee hearing March 11. The current system of licensing doesn’t work well with digital content, said Register of Copyrights Marybeth Peters, while cautioning that “every time you amend a law and start doing exceptions the question is, do you do damage?” Still, she said that with the right language she could support amending The Copyright Act. Meanwhile, RIAA praised the inclusion of antitrust language in a copyright reform bill that passed the House last week -- language criticized by small webcasters.

House Judiciary Committee Chmn. Sensenbrenner (R-Wis.) and Committee ranking Democrat Conyers (D-Mich.) urged the Justice Dept. to appeal the U.S. Appeals Court, D.C., ruling last week that vacated part of the FCC’s Triennial Review Order. “If access to the Bell companies’ local networks is no longer available -- a result that this decision threatens -- millions of Americans will lose the ability to purchase service from the local telephone provider of their choice,” said the March 11 letter, which was addressed to Attorney Gen. John Ashcroft and also sent to Solicitor Gen. Ted Olson and DoJ Antitrust Chief Hewitt Pate.

CTIA Pres. Steve Largent, speaking at a packed FCBA breakfast Thurs., said if the 1996 Telecom Act were rewritten, he would like to see a total preemption of state regulatory authority over wireless. Sec. 332 of the Communications Act bars states from regulating rates charged by commercial mobile radio services. Among the concerns raised by the wireless industry over proposed state actions affecting wireless service quality, including the pending Cal. consumer bill of rights, is that a patchwork of such state rules would hurt national wireless offerings. “We don’t need a patchwork of regulation around the country when it comes to wireless service,” Largent said of changes that could come in a Telecom Act rewrite. “We have basically been able to keep the states out of significant areas of our business and if we could keep them out altogether it would… be good to do that.” It would also be helpful if a reworking of the Act, talked about recently by FCC Chmn. Powell (CD March 8 p1), also were to address issues such as tower siting and spectrum policy, he said. In other areas, Largent repeatedly stressed the social responsibilities the wireless industry faces in areas such as Communications Assistance for Law Enforcement Act (CALEA). The goal is “to make sure that we not only meet but exceed the social responsibilities that we have in areas like CALEA and E911 and local number portability and to ensure that we have real enforcement of our own voluntary consumer code so that our contracts are transparent, so that the maps are accurate,” Largent said. “We are going to do that because we do have a tremendous social responsibility.” CTIA unveiled a voluntary consumer code of conduct last year (CD Sept 10 p1), which outlined guidelines such as carriers offering customers a 14-day trial period. Consumer groups criticized the code, saying it lacked details in important areas. Of hearing aid compatibility (HAC) for wireless phones, Largent said: “We need to figure that out. We can’t continue in so many of these areas just to tread water. Treading water isn’t swimming.” The FCC last year adopted an order on HAC for cellphones, directing nationwide operators to offer 2 compliant handsets within 2 years and setting deadlines for phasing in more compatible handsets. Concerning the Amber Alert system to inform the public about kidnaped children, he said the wireless industry has a role to play, although not through cellular broadcasting, which he said wasn’t feasible. Largent cited the example of Arlington County, Va., which gives wireless subscribers the ability to opt in to such a program. “We can play a role there,” he said. “I am committed to ensuring that the industry steps up to the plate and acts in a responsible way… Our members want to do that.”